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RESOLUTION 05-18303 A RESOLUTION DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL TO CREATE PARK MAINTENANCE DISTRICT NO. 4028 FOR THE PURPOSE OF MAINTAINING EXISTING AND FUTURE PUBLIC AREA IMPROVEMENTS IN VINTAGE ESTATES SUBDIVISIOIV, CITY OF BILLINGS, MONTANA BE IT RESOLVED by the City Council of the City of Billings (the "City"), Montana, as follows: Section 1. Proposed Park Maintenance District; Intention To Create Park Maintenance District. The City proposes to maintain certain special improvements to benefit certain property located in the City of Billings, Montana. The Improvements consist of landscaping, trails, drainageways, storm water detention facilities, irrigation systems, and other public area improvements that may be identified in the future, as more particularly described in Section 5. It is the intention of the Billings City Council to create and establish in the City under Montana Code annotated, Title 7, Chapter 12, Parts 41 and 42, as amended, a special improvement maintenance district (the "Special Improvement Maintenance District") for the purpose of financing the maintenance costs for the hardscaping, landscaping, drainageways, weed control, and other portions of the improvements made with the development of Vintage Estates Subdivision. The estimated annual costs for the maintenance of the special improvements to be set by Resolution of the Council each year. Section 2. Number of District. The District, if the same shall be created and established, shall be known and designated as the Park Maintenance District No.4028 of the City of Billings, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted on a map attached as "Exhibit A" hereto (which is hereby incotporated herein and made a part hereof) and more particularly described on "Exhibit B" hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on "Exhibit C" hereto. Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibits and are hereby declared to be the Park Maintenance District and the territory which will benefit and be benefited by the maintenance of the Vintage Estates Subdivision public area improvements, and will be assessed for a portion of the costs of the maintenance as described in Section 1. Section 5. General Character of the Improvements to be Maintained. The general character of the Improvements to be maintained is as follows: landscaping, trails, trees, irrigation systems, irrigation system water services, storm water detention facilities, and other park equipment and public area improvements installed by the developer, Parks Department and/or as part of a future Special Improvement District. Section 6. Assessment Methods; Property To Be Assessed. All properties within the District are to be assessed for a portion of the costs of maintaining the Vintage Estates Subdivision public area improvements, as specified herein. The costs of maintaining the Improvements shall be assessed against the property in the District benefiting from the Vintage Estates Subdivision, Public Area Improvements. Section 7. Assessable Area. All properties in the District will be assessed for their proportionate share of the costs of maintaining the Vintage Estates Subdivision public area improvements. The total number of assessable units in the District to be assessed for the first year is 112 units. The costs of maintaining the Improvements per lot for the first year shall be $36.47/lot, as shown in Exhibit (which is hereby incorporated herein and made a part hereof). Section 8. Payment of Assessments. The assessments for the costs of maintaining the Vintage Estates Subdivision, Public Area Improvements shall be payable, as prescribed in Section 7-12-4162 through 7-12-4165, M.C.A. Section 9. Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the proposed District subject to assessment and taxation for the cost and expense of maintaining the Vintage Estates Subdivision public area improvements may make and file with the City Clerk until 5:00 p.m. M.D.T., July 22", 2005 on the expiration date of said 15-day period, written protest against the proposed Special Improvement Maintenance District No. 4028, and this Council will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held Monday, ---PAGE BREAK--- e or Pul,rZkb /44. , SEAL opuo% Auzust 8th, 2005, at 6:30 p.m. M.D.T. in the Council Chambers, located on the Second Floor of the City Hall at 220 North 27th Street, in Billings, Montana. Section 10. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a Notice of the passne of this Resolution in the Billings Times, a newspaper of general circulation in the County on July leand July 21", 2005 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said Notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for State, County, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND ADOPTED by the City Council of the City of Billings, Montana, this 1 Ith day of July, 2005. THE CITY OF BILLINGS: Charles F. Toole , AYOR Deputy Mayor la Me absence ot the Maya ATTEST: arita Herold, CMC/AAE CITY CLERK mataingraec ---PAGE BREAK--- EXHIBIT DISTRICT BOUNDARY MAP PARIC MAINTENANCE DISTRICT NO. 4028 VINTAGE ESTATES SUBDIVISION PARIC MAINTENANCE DISTRICT ---PAGE BREAK--- EXHIBIT PARK MAINTENANCE DISTRICT No. 4028 VINTAGE ESTATES SUBDIVISION BEING TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY No. 1877 SITUATED IN THE MY 1/4 OF SECTION 4 T. 1 S. R. 25 E. P.M.M. YELLOWSTONE COUNTY MONTANA SUNNY Ll7VE FACHT FAAWS Pea. &NFL VICINITY MAP NOT V SOU — —GRANO err eatanatena Serafla 'war mad Fr mn afn las. MUM' A NUE =it FLA I — puma ominits mom% , PARK MAINTENANCE I DISTRICT No. 4028 BOUNDARY Mai Je Ct7771I7C471, OF N myna' EtOr imam a I 1 5 - 4 a na 2990 1111Pqrs 1111111111e. 'ThL•Tri- swiro . a ir tx / ' SentSer A -1 I SuRk97 34 jd I ..nror rt?ift Rsealan Om/ PC - 91MaNE am, Ccir at / S GCS IIA/ Ise * CEMPOPCOM OF SWOICI Ma 11177 emu J PAP IteTalaX Mal n 17,;"7,7 _E A CERTIFICATE OF —__Jaaapm " 01- " r— 4%C ANhc — { r- a , acs+rs 1 _L Do limit A IC 1 ea. 1 _L BROADWA 7E R A vE 1— ---PAGE BREAK--- EXHIBIT BOUNDARY DESCRIPTION PARK MAINTENANCE DISTRICT NO. 4028 VINTAGE ESTATES SUBDIVISION A Tract of land situated in the NW 'A of Section 4, T. 1 R. 25 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to wit: Beginning at a point which is S89°59'46"W, a distance of 149.42 feet from the North quarter coiner of Section 4, T.1.S., R 25 P.M.M.; thence from said point of beginning 800°00'53"W a distance of 990 00 feet; thence N89°59'46"E a distance of 8.00 feet; thence SOO°00'53"W, a distance of 279.24 feet; thence along a cursie to the left with a radius of 400.00 feet a distance of 38.64 feet, S23°22'40"E a distance of 173.48 feet; thence N60°14'05"E a distance of 669.82 feet; thence N42°20'48"E a distance of 173.43 feet; thence N51°48'32"E a distance of 60.83 feet; thence N42°20'48"E a distance of 392.00 feet; thence N76°19'48"E a distance of 208.47 feet; thence NOO°19'12"W a distance of 2269.53 feet; thence N89°59'46"E a distance of 1167_86 feet to the point of beginning; Said described tract contain a gross area of 49.853 acres. ---PAGE BREAK--- EXHIBIT OWNERSHIP RECORDS PARK MAINTENANCE DISTRICT NO. 4028 VINTAGE ESTATES SUBDIVISION PARK MAINTENANCE DISTRICT ---PAGE BREAK--- kN H 0> OR tcg ,0 3NOISM0113A AO AIND.03 69 CA 69 tri Pzi En 0 6 a 0 tri I-1 trOJ 6 arl 0H A> ---PAGE BREAK--- 03-0926- 7-01-0000 02 RE GAC GRAND GRES SUBD 1ST FILING LI 1 BL RAND ACRES SUED 1SI FILING 1 03-0926- 27-06-0000 02 RE GAG GRAND RES SUBD 1ST FILING LT 21 BL RAND ACRES SUB IST FLG 102) C 160 KERMA 3970 A UE D STE A 59102-7534 DRED PORATION 3970 AV E D STE A BILLIE M 59102-7534 C 872 N MI DRED (ETALI ED LIABILITY COMPANY D STE A 59102-7534 03-0926 -27-09-0000 02 RE GAG RES SUBD 1ST FILING LT 1 B RAND ACRES SUED 1ST FILING 03-0926\4- 27-05-0000 X 02 RE GAG GRAND GRES SUBD 1ST FILING 14 20-22 1 GRAND ACRES SUBD 1ST FLG ILT 23 ON AT C13160 2002) CO)4,15.4 JJEPPES f E A 1016 52ND N B LLINGS 59106-2352 ‘131.11 470 CO AM N 03-0926 4-02-0000 02 RE GAC GRAND RES SURD 1ST FILING MI\ 59104-3531 14 1 81 ACRES SUBD 101- FILING Date; 06/07/2005 Time: 09:50:45 Yellowstone County Operator: sbrensdal Page: I TA Reports - Parcel Master List Ranges: TAX YEAR: IR) 2005 - 2005 ASSESSOR() . C01870. C01871 C01871A. C01871B. C01072. C01873. C01874. C01875. CI3160. D00356. D00357 TAX TYPE: LEVY DISTRICT; SUB-LEVY DIST: SPECIAL DISTRICT: OPTIONS: SORT ORDER. N OF COPIES: I Levy Sub Tax Assessor" Owner/Mailing Address Legal Description Dist Dist Type Key 01 C;)(1A %/COSTA VERN 1220 D ST W BILLINGS MI 59106-2350 03-0531/411/2-27-02-0000 02 RE GAC G ACRES SUED 15I FILING LI KA GRAND ACRES SUB 1ST (97) COIX0 ELONI EL P A L 03-0926-0 03-0000 02 RE Ai C0/1 OVEN. 11,51ERY JANES ELI ETH ANNE 1206 W BILLINGS MT 59106-23 0 D3-0926-04=2- 7-01-0000 02 RE GAC GRAND ES SUED 1ST FILING 14 16 BI- 1 GRAND ACRES SURD 1E1 FILING TURA. RUG V 6 II L 03-0926-0 24-01-0000 02 RE 1208 52ND N GAC GRAND CRES SUED 1ST FILING BILLING 9106-2353 LT 18 BL RAND ACRES SUED 1ST FILING D00357 VINTAGE ESTATES LLC OA-0926-04-2-08-01-0000 02 RE 4400 LO VISTA DR BILLING 59106-1535 LTS 18 L 19 1 GRAND ACRES SUB 1ST (97) ( 01871A) ---PAGE BREAK--- Date: 06/07/2005 Time: 09:52:24 Yellowstone County Operator: sbrensdal Page: 2 TA Reports - Parcel Master List Levy Sub Tax Assessortl Owner/Mailing Address Legal Description Dist Dist Type Key 41 2680 OVERLAND AVE STE F TR 2 COS 1877 IN E2NN BILLINGS MT 59102-7411 DD0356 !VINTAGE ESTATES VIC 03-0926-04-2-07-01-0000 02 RE 2680 OVERLAND AVE STE F TR 1 CO5 1877 IN E2NN BILLINGS MT 59102-7411 ---PAGE BREAK--- Vintage Estates LLC 2680 Overland Avenue Suite F Billings, MT 59102-7411 ---PAGE BREAK--- EXHIBIT ESTIMATE OF PROBABLE COST SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 4028 VINTAGE ESTATES SUBDIVISION PARK MAINTENANCE DISTRICT 1. The costs to create the maintenance district are estimated to be $850 . 2. The City Parks and Recreation Department estimates the maintenance of the improvements for the first year at $3,235 The first year's assessment is estimated as follows: PMD Number: Date: CITY OF BILLINGS 4028 ESTIMATE PMD Description: - PARK MAINTENANCE DISTRICT NO. 4028 OF ANNUAL MAINTENANCE COSTS Vintage Estates Subdivision Parks 6/21/2005 ESTIMATED BA SUB ACCOUNT DESCRIPTION MAINTENANCE SUB ELE OW COSTS Creation documents and Exhibits' $850.00 Operations and Supplies 34 10 Electricity $0.00 20 City Water $0.00 50 Ground Maintenance $500.00 39 65 Other Service/Finance Charges $325.00 90 Parks Charge for Services $650.00 54 10 Special Assessments $410.00 Total Operations and Supplies, Etc. $2,735.00 Capital ER Reserve $500.00 Total Vintage Estates Subdivision Park 0 & M Annual Cost Estimate $4,085.00 Equal Assessment Per Lot 112 1st year Assessment (Per Lot) $36.47321